Inheritance

Inheritance Question

Q: We are four brothers and three sisters of whom one sister is unmarried. One of our brothers was working abroad. He died 2 years ago and left behind one widow and a son of about eight years. Our parents have already died. We have distributed the rest of the property of our deceased brother. But now we have received the salary arrears and other benefits of our deceased brother in cash. I want to ask that how this cash amount will be distributed. The rest of my brothers are of the opinion that as they sponsored all the expenses of sending our brother abroad so they are entitled to receive all the cash.

Inheritance Question

Q: I wanted to ask a question regarding inheritance. My father wrote a will many years ago , he has since passed away a few years ago and now only we are selling his house which is his only assett left to 2 daughters (me and my sister ) and 2 sons (my brothers). In the will it states me and my sister should each recieve 1 8th share each and my brothers and my brothers 3 8th shares each. This would mean my brother get triple our share. I know according to shariah my brothers should get double and not triple and im not sure if my father made a mistake or it was intentional as he was a practising muslim. So should we split the shares according to shariah or according to his will as i want to do the right and dont want my father to get the sin of distributing his asset wrongfully.

Inheritance Question

Q: If a widow has only one daughter - and when she passes away, would her inheritance be given only to her or would it be divided between the deceased's daughter and the deceased's brother.  If so, does this still happen if her brother is very wealthy in comparison to her daughter.

Inheritance Question

Q: A deceased is survived 2 wives and their respective children. With the first wife, the deceased fathered 2 sons and 1 daughter. With the second wife, the deceased fathered 1 daughter but the deceased and the second wife also have an orphan boy aged 6 years whom they adopted when the boy was orphaned at birth.  Furthermore, the second wife also has a son from a previous marriage.  How should the estate of the deceased be  distributed. The Will of the deceased merely states that his estate is to be dealt with in terms of Islamic Law.

Executor's remuneration from the estate

Q: A Muslin attorney is the duly-appointed Executor in a deceased Estate.  Is it permissible for the attorney to charge the estate of the deceased executor's remuneration as prescribed by law i.e.  3.5% of the gross value of the estate or should he waive the executor's remuneration and only charge the estate actual expenses incurred. Would it make any difference if the estate in question is that of close relative?

Making up an Islamic Will

Q: My father in law is very sick, and he wants to retire from work, he wants to make up his will now because he will need major surgery soon, he wants to give my mother in law 50% and my husband 50% of his provident fund and of his house. He had three sons, two of his elder sons passed away, and my husband is the only surviving child. Both deceased sons have a 1 daughter each, they both married non-Muslim girls and when they passed away their wives went back to their religion and also changed the children. My in laws have no access to the children, and only visit them when their mothers allow them too. My question is,  do these children also get a share in my father in laws will as their fathers were also heirs. Please advise what is the sharia compliant share for all these heirs, as we do not want him to be answerable for making an incorrect Islamic will.

Inheritance Question

Q: A widow lady is having 5 daughters. Her father died some 27 yrs back. Now after her husbands death she has been asking for her TARKA property from her brother and sister, as she wants to distribute it amongst her 5 daughters(of which 1 married and other 4 unmarried)in her life time, as nowadays she is not well.But she has been said continously that her part is certain portion and that she can do anything wid tht part. now since the lady is herself widow and old suffering from heart ailment and also she cant do the official work so then how she can distribute it amongst her daughter. Since she had been told by her bro and sister do anything with ur portion, can she distribute it amongst her daughters in her  lifetime. So that after her no body cud claim from her portion?